Being charged with a criminal offense is an unpleasant realization. You are now accused of a crime and stand to lose your job, driver’s license, civil privileges, and years of your life. With this threat hanging over your head, it is vital that you understand what comes next, and what you should do. Thus, this article will hopefully clear up some questions on your case as well as proper steps to take.

Steps to a Criminal Case.

The steps to a criminal case are not common knowledge. To better understand what will follow a criminal offense charge, it is beneficial to know what occurs during a criminal case.

First, a standard case begins with an arrest. Although most cases begin with an arrest like you see on the TV show “COPS,” you can be charged before ever being arrested. When this happens, a judge issues a warrant for your arrest. Law enforcement then try to coordinate a self-surrender with you. If you refuse to self-surrender, officers will attempt to locate and arrest you. Once arrested, you will be processed at the police department. That entails a mugshot, fingerprinting, and other police procedural requirements depending on the jurisdiction. Next, you are constitutionally required to be brought before a judge for an initial appearance within 24 hours of arrest. If you are not given an initial appearance you must be released.

Second, at the initial appearance, a judge will inform you of your charges and constitutional rights. These rights are the same as the ones that an officer should have read after you were arrested. You have the right to remain silent and to have an attorney. If you are charged with a felony, or with a misdemeanor but cannot afford to post the set bond, then the judge will appoint an attorney to you. During the last portion of the initial appearance, the judge determines whether probable cause exists for release purposes and then whether you may be released on bond or are to remain in jail pending trial.

Third, if you are charged with a felony or have been indicted by a Grand Jury, a preliminary hearing may be held. If a preliminary hearing is held, the judge will hear evidence and testimony from the state and defense witnesses. After, the judge will then determine whether there is probable cause to believe you have committed the charged crime. If the judge finds there is probable cause that you committed the crime, then you will be held for trial in superior court and arraignment date will be set.

As stated in the paragraph above, at a preliminary hearing a judge will determine whether probable cause exists. However, as indicated in the first sentence of that paragraph, a Grand Jury may also determine probable cause. A Grand Jury is made up of citizens summoned by the court, similar to jury duty. Those citizens will serve for several months by considering evidence presented only by the prosecutor. Neither you, nor your attorney are usually permitted to be present at this hearing. If 9 of the 16 members of the Grand Jury determine probable cause exists that you committed the crime, an indictment will be brought against you.

Fourth, after the probable cause determination an arraignment is held. At the arraignment, you will enter a plea of guilty, not guilty, or no contest. If you choose to plead guilty or no contest, then a sentencing date shall be set. If you opt for a not guilty plea, the judge then sets a pretrial conference or trial date.

Lastly, you have a trial. You have the right to have that trial either before a judge, or before a jury for all felonies and some misdemeanors. At the conclusion of your trial, if you are found innocent then you walk away scot-free. If you are determined to be guilty of a crime, then a sentencing hearing will be held to determine your punishment. As detailed above, maneuvering through a criminal case can be a daunting process. Because of the many steps and intricacies within those steps, hiring an attorney cannot be recommended enough.

What Should I Do?

Because you are reading this it is safe to assume you have been notified that you are charged with a criminal offense. This notification will have come through either a complaint or an indictment. In Arizona, a complaint is brought by a prosecutor directly to an Arizona superior court. It will include what you are being charged with, and where and what day the crime was alleged to be committed. An indictment occurs when a Grand Jury issues the criminal charges against you. Like the complaint, an indictment will include what you are being charged with, and where and what day the crime was alleged to be committed. Now that you understand what the notification is, lets return to the main question at hand, what should you do?

The first and undoubtedly the most important thing you should do when charged with a criminal offense is to contact and acquire an attorney. With that said, you are not required to have an attorney and may represent yourself if you so desire. It is up to you to decide whether you would like to represent yourself and you do have the right to do so if you choose. However, it would be a mistake to proceed without an attorney. Even attorneys themselves will hire another attorney for representation when accused of a crime. By contacting and acquiring a defense attorney, you will be informed on what is likely to happen in your case and how you can protect yourself.

Another – almost equally as important as getting an attorney – thing you should do, is never discuss your case or the alleged crime with anyone. This includes your husband or wife, parents, children, friends, and especially law enforcement. Just shut up. Anything you say can and will be used against you. If you feel pressured or are in a jam, just say that you have been advised not to discuss anything. This will work even if you have yet to retain an attorney. Whatever attorney you eventually hire will be eternally grateful that you chose to keep quiet.

Let Us Help

Any charge can result in a conviction that has serious and harsh consequences. Navigating a criminal case and ensuring you are protected requires a team of highly experienced lawyers that can achieve the best result possible. Let Tucson Criminal Lawyer’s criminal lawyers and their knowledge of Arizona law guide you through the process. The legal battle ahead will be led by strong representation and diligence.